Completing the Forms – One Party Applications

Question 1

If you consent to the order being made in your absence (i.e you do not want to appear in Court), you should select option 1 (a) . If you select this option you do not need to complete questions 2 to 7 of this form . Make sure you sign and date the form on page 4.

If you do not consent to the order being made in your absence (i.e. you wish to appear at a hearing before a Judge when your order is made), you should select option 1 (b) .

If you need the dissolution order to come into effect sooner than one month after it is made you should select option 1 (b) and discuss this with Court Registry Officer when you file your application. You will have to attend a hearing on the date set by the Court.

Question 2

If you are domiciled in New Zealand, but the other party isn’t, tick the first box. If you are not domiciled in New Zealand, but the other party is, tick the second box. If both you and the other party are domiciled in New Zealand, tick the third box.

For a definition of domicile refer to Who can make an application for a dissolution order?

Question 3

This must always apply for you to make an application.

Question 4

This must always apply for you to make an application.

Question 5

Enter the date when you separated. This must be at least two years before you file the application. If you do not know the exact date, enter as much information as you recall, for example, March 2002.

Question 6

If you have a separation order, a written separation agreement or you made an oral separation agreement tick the appropriate box and enter the date of the order or agreement. If you have a separation order or a written separation agreement you should provide a copy of this.

If you do not have a separation order and no agreement to separate was made, tick the last box.

Question 7

For the purposes of this paragraph, children means those under the age of 16 years unless there are special circumstances for older children which mean that care arrangements need to be made.

If there are no children of the marriage or civil union, tick the first box.

If there are children of the marriage or civil union and there are arrangements for their care in place, tick the second box and enter the details of the arrangements into the spaces on the form.

If there are children of the marriage or civil union, and it has not been practicable to make arrangements, tick the third box and enter the reasons why into the space on the form.

Signature and Date

Once you have completed the application, you need to sign and date in the spaces provided on page 4 of the form.

Please Note

You will need to provide the original plus a photocopy of this from to the Court.

Question 1

This always applies.

Question 2

If you are domiciled in New Zealand, but the other party isn’t, tick the first box. If you are not domiciled in New Zealand, but the other party is, tick the second box. If both you and the other party are domiciled in New Zealand, tick the third box.

For a definition of domicile refer to Who can make an application for a dissolution order?

Question 3

Enter the details of your marriage or civil union. This should match the details on your marriage or civil union certificate.

Question 4

Attach the original or a certified copy of your marriage or civil union certificate to the back of this form and write the letter A at the top (this is known as exhibit "A").

Question 5

This must always apply for you to make an application.

Question 6

This must always apply for you to make an application.

Question 7

Enter the date you separated. This must be at least two years before you file the application. If you do not know the exact date, enter as much information as you recall, for example, March 2002.

Question 8

If you have a separation order, a written separation agreement or you made an oral separation agreement tick the appropriate box and enter the date of the order or agreement.

If you have a separation order or a written separation agreement, attach a copy of it to the back of this form and write the letter B at the top (this is known as exhibit "B").

If you do not have a separation order and no agreement to separate was made, tick the last box.

Question 9

This must always apply for you to make an application.

For a description of irreconcilable differences refer to What are the grounds for legally ending a marriage or civil union?

For the purposes of questions 10 and 11, children means those under the age of 16 years unless there are special circumstances for older children which mean that care arrangements need to be made.

Question 10

Tick this box if you have children and the paragraph applies to you.

Question 11

Tick this box if you have children, and specify the arrangements for the children in the spaces provided.

Getting the affidavit sworn or affirmed

You need to take the affidavit (with the attached exhibits) to an authorised person to be sworn or affirmed.

In New Zealand, this can be a Deputy Registrar at a Court, a Justice of the Peace or a lawyer (not your own).

Overseas, this must be a person who is authorised to administer oaths by the law of that place, a Commissioner of the High Court of New Zealand who has authority in that place, or a person who is authorised by a Judge to administer the oath. The person must state their authority to do so under their name and signature on the affidavit form.

When you are with the authorised person, you need to sign the affidavit in the space labelled ‘Signature of deponent’ on page 4. You then need to initial the bottom right corner of each of the other pages of the document and in the margin next to any hand-written alterations.

The authorised person will then administer the oath or affirmation.

The authorised person must also sign and initial the documents and then complete an exhibit note on the marriage or civil union certificate and separation agreement or order (if you have one). The following is an example of an exhibit note:

This is the annexure marked " " referred to in the

affidavit of [your full name] sworn/affirmed at [place]

this .................... day of .................... 20...... before me:

___________________________________________
Deputy Registrar/Justice of the Peace/Solicitor

You cannot make any changes to the affidavit once it has been sworn or affirmed.

Please Note

You will need to provide the original plus two copies of this form to the Court.